Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Anil Kumar Shri Umesh Paswan, was arrested on 26 February 2026 for possession of 105 litres of illicit country-made liquor, alleged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. He applied for regular bail, claiming innocence, no prior criminal record, and offering to donate Rs.25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit Rs.25,000 with the Ramakrishna Mission and produce the receipt, and report to the police station every Sunday, failing which bail would be cancelled. The order directs the lower court to verify the antecedent and the genuineness of the charitable receipt before accepting the bail bonds. The bail was thus granted subject to these conditions.
Issues considered
- Whether regular bail should be granted to a person accused under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.
- Whether the imposition of conditions such as a charitable donation, verification of clean antecedent, and mandatory weekly police attendance are permissible in granting bail.
Subjects
- bail
- excise offence
- illicit liquor
- section 30(a)
- Bihar Prohibition & Excise Act
- charitable donation condition
- police attendance condition
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27111 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Anil Kumar Shri Umesh Paswan Resident of Village - Laxminiya, Ward No.
4, P.S. - Bannu Bagicha, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shaukat Alam, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Excise P.S. Case No. 120c2 of 2026 registered for the offence
under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2018.
3. The recovery is of 105 litres of illicit country-made
liquor from a vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 26.02.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.27111 of 2026(2) dt.22-04-2026
2/3
organization without accepting his guilt
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-
VII -cum – Exclusive Special Excise Court No. 2, Lakhisarai /
concerned Court below, in connection with Excise P.S. Case
No. 120c2 of 2026
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
Patna High Court CR. MISC. No.27111 of 2026(2) dt.22-04-2026
3/3
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Bannu Bagicha Police Station, District- Lakhisarai on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…